Other conditions decisions — 2015

The Board has determined that the Veteran's claim for service connection for an upper-GI disorder cannot be reopened due to lack of new and material evidence. The right hip disorder claim is also denied as there was no injury or current disability related to service.

The Veteran's right knee disability is being remanded for a new VA examination to determine the nature and etiology of any current right knee disabilities, including whether they are related to service-connected left knee disability.

The Veteran's arthritis of the right elbow has been granted service connection. The claim for venereal disease to include gonorrhea, syphilis, and herpes remains pending as it is not related to service.

The Board found that the Veteran's left eye disability was not caused by VA carelessness, negligence, or similar instance of fault. The appeal is denied.

The Veteran's surviving spouse applied to add her adopted grandchildren as dependents for death pension benefits. However, the adoption occurred almost twelve years after the Veteran's death, which is not within the two-year timeframe required by law. Therefore, the claim was denied.

The Veteran's current respiratory pathology is not shown to be related to his military service, and the Board finds that the preponderance of the evidence is against the claim for service connection.

The Board has determined that the Veteran's sickle cell trait, a genetic condition, did not preexist service and was not aggravated by service. Therefore, service connection for sickle cell anemia/symptomatic sickle cell trait is denied.

The Veteran's right ankle fracture residuals are rated at 20 percent, the maximum under DC 5271. The Board finds that service connection for a bee/wasp venom allergy is not warranted as there is no evidence of any disability or symptoms related to this condition since separation from service.

The Veteran's accrued benefits were granted in the amount of $6,575.67 for funeral and burial expenses. The appellant appealed for additional benefits due to outstanding debts, but these were not considered as they did not qualify as expenses of last sickness or burial.

The Board finds reopening of the claim is warranted, and the issue of entitlement to compensation for left eye vision loss on a de novo basis is REMANDED to the Agency of Original Jurisdiction (AOJ) for further development and consideration.

The Veteran's death was not caused by a service-connected disability, and the claim for unreimbursed medical expenses is pending.

The Veteran's claims for increased ratings for her urethral cyst, right ovarian cyst, and migraine headaches have been denied. The Board found that the evidence did not support a higher rating for any of these conditions.

The Veteran's bowel dysfunction is currently rated at 30 percent, and he is granted TDIU based on his service-connected disabilities.

The Veteran's appeal is being remanded due to the need for additional development, including verification of her Air National Guard service and obtaining copies of her Internet communications with VA.

The Board found clear and unmistakable error in denying service connection for perforation of the nasal septum due to pre-existing conditions that were not aggravated by service, granting the motion effective from August 24, 1973.

The Veteran's right patellar tendonitis and right hamstring disabilities have been rated based on their functional limitations, resulting in a 10 percent rating for the entire period of appeal. The right hamstring disability has also received a 40 percent rating.

The Veteran's claim for a temporary total evaluation due to service-connected left Achilles tendon rupture with tendonitis is being remanded for further action.

The Veteran's skin disorders and lipoma were not shown during active duty service or for many years thereafter, and are not related to service or toxic herbicide exposure.

The Board found that the Veteran's photophobia was not incurred in active service, nor was it incurred or aggravated during any period of ACDUTRA or INACDUTRA. As a result, the claim for service connection for photophobia is denied.

The Board found that the Veteran's lumbar spine disability, diagnosed as ankylosing spondylosis, was not incurred in or aggravated by service. The evidence did not show chronicity of symptoms during service and there is no evidence showing a compensable degree of arthritis within one year after separation from service.